Law Amending And Supplementing The Code Of Merchant Shipping

Original Language Title: Закон за изменение и допълнение на Кодекса на търговското корабоплаване

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15353/

Name of law Law amending and supplementing the code of merchant shipping Bill name WALL of code of merchant shipping date of acceptance 26/06/2015 number/year Official Gazette 52/2015 Decree No 117

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the code of merchant shipping adopted by HLIÌI National Assembly on 26 June 2015.

Issued in Sofia on 7 July 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

amending and supplementing the code of Merchant Shipping (official SG. 55 and 56, 1970; Corr, 58/1970; amend., 55/1975, no. 10 of 1987, 30 of 1990, no. 85 of 1998, 12/2000, no. 41, 2001 113/2002, no. 55/04. , PC. 42, 77, 87, 94 and 104 of the 2005 St. 30, 62 and 108 of 2006, St. 36, 71 and 98 of the 2008 issue. 12 and 32 from 2009, PCs. 85 by 2010, PC. 92 by 2011, issue. 38 and 77 by 2012 PCs. 15, 28 and 109 from 2013 and St. 14 by 2015.)

§ 1. In art. 4, al. 1 finally added, "with the exception of the moored in port aquatory of floating docks and floating workshops designed for shipbuilding and/or ship repair".

§ 2. In art. 93 Al is created. 6:

(6) the master shall inform the administration of the coastal State in the event of maritime accidents, whenever there is a sunk assets. "

§ 3. Article 221 (a) shall be replaced by the following:

"Relevancy for travellers under art. 2 of Council Regulation (EC) No 1177/2010

Art. 221. The provisions of this chapter shall apply to passengers:

1. under art. 2 (2) of Regulation (EC) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ, L 334/1 of 17 December 2010), hereinafter referred to as "Commission Regulation (EC) No 1177/2010 ';

2. under art. 2 (1) of Regulation (EC) No 1177/2010 concerning the rights and obligations that are not covered in it and derive from the contract of carriage. "

§ 4. In art. 329 after the word "water" a comma and add the "exclusive economic zone".

§ 5. In chapter XIV creates art. 337 – 336 (d):

"The responsibility of the shipowner

Art. 337a. (1) the Shipowner is responsible for the cost of determining the location, marking and removal of sunken property.

(2) the Shipowner is not liable for the costs of determining the location, marking and removal of sunken property, if he proves that the incident which led to the sinking of the property:

1. is the result of war, unrest, civil war, insurrection or a natural phenomenon of exceptional, inevitable and irresistible character;

2. has occurred entirely due to an act or omission, committed with the intent to cause damage by a third party, or

3. has occurred entirely due to negligence or other unlawful actions of the competent authorities responsible for the maintenance of lights or other navigational equipment performing these functions.

Scope of compensation

Art. 337 b. The compensation covers losses incurred up to the amount of the costs to determine the location, marking and removal of sunken property. The compensation may not exceed the amount of the insurance or other financial guarantee covering the liability of the shipowner to the cost to determine the location, marking and removal of sunken property.

Limited liability of the shipowner

Art. 337. the Shipowner and the person who is providing the insurance or other financial guarantees, limiting its liability for the cost of determining the location, marking and removal of sunken property to the limit laid down in the Protocol of 1996 to amend the Convention on limitation of liability for maritime claims, 1976, drawn up in London on 2 May 1996 (ratified by law – SG , PC. 43 since 2005) (SG. 77 by 2005).

Financial collateral arrangements and issuance of certificate

Art. 337. (1) the Shipowner of the ship of 300 gross tonnage or more tons is required to have insurance, a bank guarantee or other financial security to cover the value of art. 337 b.

(2) every ship of 300 gross tonnage or more tons, floating under the Bulgarian flag, must have on board a certificate issued by an Executive Agency "maritime administration" under conditions and by an order determined by the Ordinance under art. 86, and confirming the existence of the circumstances under para. 1.

(3) the Executive Agency "maritime administration" may issue a certificate attesting the existence of the circumstances under para. 1, a ship flying the flag of a State which is not a party to the International Convention of Nairobi for removal of sunken property, 2007 (ratified by law – SG. 92 by 2011), under conditions and by an order determined by the Ordinance under art. 86.

(4) Every ship that visits the Bulgarian maritime ports or sea installation of 300 gross tonnage or more tonnes must have on board a certificate attesting to the presence of a bank guarantee, insurance or other financial security to cover the liability for the costs of determining the location, marking and removal of sunken property, or a certificate of registration issued by the competent authorities of the country under whose flag the ship flies confirming the right of ownership and responsibility for the cost of determining the location, marking and removal of sunken property, covered up to the amount of art. 337 b.


(5) the Executive Agency "maritime administration" keeps a register of issued certificates. "

§ 6. In art. 360, al. 10 the words "Regulation (EC) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ, L 334/1 of 2010), hereinafter referred to as" Commission Regulation (EU) No 1177/2010 "shall be replaced by ' Regulation (EC) No 1177/2010".

§ 7. In art. 383 in the following amendments and supplements shall be made:

1. In paragraph 8. 1:

create a new) t. 15 and 16:15. fails or does not fulfil its obligation within the time limit under art. 16 (1) of Regulation (EC) No 1177/2010 concerning the provision of information in the event of cancellation of the journey or a delay in departure or allow a person to whom is entrusted the enforcement of that obligation not to execute or not to execute it within a time limit;

16. do not play or not put due diligence in the performance of its obligation under art. 16 (2) of Regulation (EC) No 1177/2010 concerning the provision of information in the event of cancellation of the journey or a delay in departure or allow a person to whom is entrusted the enforcement of that obligation not to execute or not to put the care in its execution; "

(b)) shall be item 17-19:

"17. fails to fulfill its obligation under art. 16 (3) of Regulation (EC) No 1177/2010 concerning the provision of information in case of cancellation of the journey or a delay in departure of disabled persons or persons with reduced mobility in accessible form for them, or allow a person to whom is entrusted the enforcement of that obligation not to execute it;

18. do not fulfil any of its obligations under art. 17 of Regulation (EC) No 1177/2010 or allow the person to whom is entrusted the enforcement of any of these obligations, not to implement it;

19. don't run, don't run in stated time or the way an obligation under art. 18 or under art. 19, (5) and (6) of Regulation (EC) No 1177/2010 or allow the person to whom is entrusted the enforcement of any of these obligations, not to implement it, not to implement it in the stated time or in the established manner; "

in the past) item 15 and 16 shall become item 20 and 21.

2. in the Al. 2, after the words "art. 14 "a comma and the words" and article. 15 (4) ' shall be replaced by "art. 15, paragraph 4, art. 16-18 and art. 19, (5) and (6) ".

§ 8. Article 385 shall be amended as follows:

"Art. 385. (1) in order to ensure the collection of the fine or of the proprietary sanction imposed under this chapter, the ship, regardless of his property, it shall be prohibited to sail simultaneously with the establishment of the Act of which the infringement is established.

(2) to ensure the collection of compensation fixed in accordance with this chapter, the ship, regardless of ownership, are arrested by the order of art. 364 or 365. "

§ 9. In the additional provisions § 1 (b) shall be established:

"§ 1 (b). The provisions of art. 6B-6 and apply under the conditions of art. 3 of Regulation (EC) No 718/1999 of 29 March 1999 on a Community fleet capacity policy to promote inland waterways for ships flying the Bulgarian flag, carrying loads on the inland waterways of the Member States of the European Union, outside of the Danube River and its tributaries to Kelheim.

Final provision

§ 10. In the law on maritime space, inland waterways and ports of the Republic of Bulgaria (promulgated, SG. 12 from 2000; amend., 111/2001, no. 24 and 70 by 2004, no. 11 of 2005; Decision of the Constitutional Court No. 5 of 2005 – No. 45 of 2005; amend., no. 87, 88, 94, 102 and 104 from 2005. , PC. 30, 36, 43, 65, 99 and 108 of 2006, St. 41, 54 and 109 from 2007, PCs. 67, 71, 98 and 108 of 2008, PCs. 47 and 81 of 2009, PCs. 61 and 88 from 2010, PC. 23 of 2011, issue. 32 and 53 by 2012 PCs. 15, 28, 66 and 109 by 2013; Decision No. 3 of the Constitutional Court by 2014 – PCs. 24 by 2014; amend., SG. 98 by 2014 and PCs. 14 by 2015.) in art. 121 and following amendments and supplements shall be made:

1. In paragraph 8. 1:

create a new) t. 6 and 7:

6. do not play or does not fulfil its obligation within the time limit under art. 16 (1) of Regulation (EC) No 1177/2010 concerning the provision of information in the event of cancellation of the journey or a delay in departure or allow a person to whom is entrusted the enforcement of that obligation not to execute or not to execute it within a time limit;

7. do not play or not put due diligence in the performance of its obligation under art. 16 (2) of Regulation (EC) No 1177/2010 concerning the provision of information in the event of cancellation of the journey or a delay in departure or allow a person to whom is entrusted the enforcement of that obligation not to execute or not to put the care in its execution; "

b) item 8 shall be set up:

"8. to fulfil its obligation under art. 16 (3) of Regulation (EC) No 1177/2010 concerning the provision of information in case of cancellation of the journey or a delay in departure of disabled persons or persons with reduced mobility in accessible form for them or allow a person to whom is entrusted the enforcement of that obligation not to implement it; "

in the past) that 6 and 7 shall become item 9 and 10.

2. in the Al. 2, after the words "art. 11 (4) and (5) "the Union" and "shall be replaced by a comma, after the words" art. 15 (4) "there shall be added" and art. 16. "

The law was passed by the National Assembly-43 on June 26, 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

4397